Asbestosis decisions — 2024

The Board has determined that the Veteran's claims for service connection related to asbestos exposure, hearing loss disabilities, and a right knee disability are remanded due to insufficient evidence. The cervical spine and wrist nerve disabilities remain under consideration.

The Veteran's service-connected asbestosis with emphysema and chronic obstructive pulmonary disease is rated at 30 percent since August 14, 2017. The Board denied a higher rating prior to that date.

The Board has granted service connection for fibrosis of the lung to include asbestosis, finding that it is at least as likely as not related to in-service asbestos exposure.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to asbestos and other toxins during service, as well as his current pulmonary disorder. The VA will need to conduct further research and obtain medical opinions to determine if the Veteran's current conditions are related to his military service.

The Board has denied a rating in excess of 60 percent for pulmonary asbestosis with sleep apnea, and the issue of service connection for hypertension is remanded due to insufficient medical opinions regarding its etiology.

The Board has granted service connection for an asbestos-related respiratory disability, finding that the Veteran's current condition is related to his exposure to asbestos during active duty service.

The Veteran's asbestosis with COPD, along with other service-connected conditions, has been granted a 100% rating effective August 15, 2018. The decision also grants special monthly compensation (SMC) under 38 U.S.C. § 1114(s).

The Veteran's appeal of the petition to reopen previously denied claims for service connection and entitlement to an effective date prior to May 21, 2018, for award of increase rating to 70 percent for PTSD is dismissed.,The Board has remanded the issues of entitlement to a rating in excess of 70 percent prior to November 1, 2023, for PTSD and entitlement to TDIU prior to November 1, 2023.

The Board denied service connection for a respiratory disability, including claimed asbestosis, and sleep apnea. The Veteran's lay assertions were not supported by medical evidence or clinical findings during service.

The Board has decided to remand the case due to insufficient medical evidence on the severity of the Veteran's pulmonary asbestosis during the period from May 27, 2005, to May 9, 2012. The VA examiner's opinion is inadequate and a new retrospective medical opinion is needed.

The Board denied the Veteran's claims for service connection and increased rating for various conditions, including bilateral hearing loss, tinnitus, traumatic brain injury, lung condition due to asbestos exposure, and non-prostrating posttraumatic headaches. The reasons given were that there was no evidence of a nexus between these conditions and service.

The Board has remanded the issues of service connection for head injury, head scar, low back disability, and acquired psychiatric disability due to new evidence submitted since the last final denial in June 2013. The claims are being reopened but not decided on their merits.

The Board has determined that the Veteran's lung condition due to asbestos exposure, bilateral hearing loss condition, lumbar laminectomy and discectomy, sleep apnea, and irritable bowel syndrome are not service-connected. The cases have been remanded for further development.

The Board has remanded the Veteran's claims for service connection for COPD, lung cancer, sinusitis, allergic rhinitis, gastroenteritis, rubella, and vertigo, dizziness, and lightheadedness as secondary to hearing loss and/or tinnitus due to possible exposure to asbestos and lead paint particulates during his military service. The claims are remanded for further development including obtaining medical opinions.

Service connection for malaria is denied. The Veteran's claim has been reopened, but service connection cannot be established as there was no evidence of a current disability during or within one year after service.,Service connection for chronic kidney disease is granted. The Veteran's current diagnosis is linked to herbicide agent exposure during service.,Service connection for the heart disability of atherosclerosis of the aorta is granted. The Veteran has been exposed to herbicide agents and there is a strong nexus between his condition and this exposure.,Service connection for hyperlipidemia is denied. There is no evidence linking this condition to service or any other factor.,Service connection for asbestosis is denied. There is no evidence of current disability, and the Veteran has not provided sufficient evidence to establish a link with service.,Service connection for chronic constipation (IBS) is denied. The Veteran's claim cannot be substantiated based on the available evidence.,Service connection for gastroesophageal reflux disease (GERD) is denied. There is no evidence linking this condition to service or any other factor.,Service connection for cataract of the left eye is denied. There is no evidence linking this condition to service or any other factor.,Service connection for myasthenia gravis and double vision is granted. The Veteran has been exposed to herbicide agents, which may be linked to his current condition.